NATIONAL INSURANCE CO. LTD. Vs. ALPABEN

JUDGEMENT

(1.) The present First Appeal No. 576 of 2013 under Sec. 173 of Motor Vehicles Act, 1988 is filed by Appellant-Insurance Company being aggrieved and dissatisfied with the judgment and order passed in Motor Accident Claim Petition No. 96 of 2003 by the Motor Accident Claims Tribunal (Auxi.), Sabarkantha at Himmatnagar on 7/7/2012, by which, the Tribunal has awarded Rs.4,37,500.00 with 8% p.a. interest to the claimant for the injuries caused to her due to accident.

(2.) The brief facts of the case are as under:-

(3.) Learned Advocate Mr. Palak Thakkar for respondent No. 1 - claimant has submitted that the disability of the limb or part of body as reflected in medical certificate would not be to the extent of disability of the whole body in view of the judgment in the case of Rajkumar vs. Ajay Kumar reported in (2011) 1 SCC 343. He has also submitted that the Tribunal has to assess functional disability on the basis of percentage of permanent physical disability. Therefore, he has submitted that the Tribunal has erred in awarding exorbitant amount of Rs.1,63,200.00 under the head of future loss of income. He has also submitted that the Tribunal has to ascertain her avocation, profession and nature of work as to whether any loss of earning capacity is occurred or not. Learned Advocate Mr. Thakkar has submitted that multiplier should be 5 in view of the decision of this Court in the case of State of Gujarat v. Somabhai Dhurabhai Sindhava & Ors . (1993) 2 GLR 1043. He has submitted that interest at the rate of 8 per cent is on higher side and required to be modified, therefore, he prays to allow the appeal to the above mentioned extent.